Justices Deny UTC’s Challenge of Federal Circuit Standard (1)

Oct. 7, 2024, 1:52 PM UTCUpdated: Oct. 7, 2024, 2:42 PM UTC

The US Supreme Court passed up United Therapeutics Corp.’s request to review its failed bid to revive a patent for its blockbuster lung-disease drug Tyvaso, dealing a blow to its efforts to keep Liquidia Corp.’s competing treatment off US shelves.

The high court on Monday declined to review what UTC had called the “inconsistent and irreconcilable stances” of the US Court of Appeals for the Federal Circuit regarding the US Patent and Trademark Office’s reliance on arguments that weren’t presented in requests for patent validity reviews.

Liquidia shares jumped as much as 18% in New York trading Monday, while United ...

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